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i 33t*Â£t*nt vatmuldm â–¡ publlthetl weekly l philo ii ii i fk salisbury n c tuesday may 16,1826 vol vi no 810 thn terms of the wei ern carolinian re g.l per an n-or g3 30 if paid in advicnce no paper discontinued ( x t at tlie t,oi of the editor 1 all arrearages an paid advertisement will l.e iroerted st bfty cents per square for the flrst insertion and twenty-flve con for each lubsequent one all letters oddroand tothe editor must be pust.pultl ortlicy will â€ž.â€ž l.e attainted to in page th are these words : " it was therefore much io be desired an i ce l.inly to have been expected that before in every instance in which ihly are men lioned or referred lo at all vithou one single exception linn nothing can be more groundless there is not a syllable that implies y power whatever to enforce their int r pre i in i and as nn in 1,',,,-ator uml con dilator of disputes ond differences their treaties were the point ont of which could u:ise any disputes and differ encos lo be attributed they beln ; lode pendent sovereignties ; and meaning in such and surely arbitration in such a cane implies mailing more than opinion and recommendation | and what prove ii is thev aro ,â€ž be the i onotliators as well os arbilr irs at any rate arbitration is not judiciary power strictly speaking wii i implies execution s well as i judication as tu adjusting contingents wh.i is there but on agreement ol rhe ;, ir lies by their agents what the contrlbu lion ' no one will pretend it as to â€¢ ementing lhe intimacy of their relations hai surely is the olli e of friendship nol of hire will ii be said the body a in be permonenl 1 what has ihat to do will the quostlon of i,s own power will i srill lie eon endeil ruuncil maybe per â€ž, inenl ; ., power ... y be temporary the dictatorship ol rome wasatempo rurv power \\ i i mill be inl.-l led that ibis congress is a federated sovelgn ii â– ? what one prerogative nf sover eignty bus it > can i is armies nn thei i annul can rhe equip fleets i no ihcv cannot can they command either the one or the innt i i no tin , can they levy and collect taxes no they can ; not a cent can they levy not even for iheir own subsistence : lhat they us owe to their appointments and had they no means of living but by iheir own powers must starve lo death can tbey declare war or conclude peace ? they can do neither can they regulatl tbe relations with foreign powers ? no thev cannot can tbey regulate any subject whatever of iheir in en i policy ! nol any they cannot even udii-o on these subjects can they coin money and regulate the currency no were they to attempt lo do this they make themselves criminal and expose them selves io punishment can they pass any law or execuc any they can not have they lhc power of protecting lhe society around ihem they have mil even the power of protecting then selves they cm do none of these things i'or tlie simple reason lhat ihey are not o governmi in no inn ndud lo bo ,, governmi nl bul m rely a congress ol diplomatic ogents for consultation ind od vice then pray how would such â– council compromit ou ne ural relations to show this would involve ihe re ort in ihe difficult task ol proving ihat the ex er ite nl .. right is its ll , wrong for no one will say h it wi i , , a ighl lo send ., mini ic - d pi ndent ,. nion ; nd it nmou i - in n tlnit m n . il wo rn n i ind to one in . pendent n tlo Â». ni iv send to sever independent notions j ind i makes no ililfrerni j as lo the rh-lit whether thev c rnnfederated or not confederated a minister of course is to meet minis n ; this is ihe uinde anil the only ode of communication be tween nuiinns ; ami sur lv il makes no difference is to ihe right whether i meets ihe minister separately in his om nation or mens lun c.nj itntly with others in ano her l r ; sllll i is th c same diplomatic intercourse and the ex cel c of the some right and ,,,- ,,,, these south american nations independ ent nations ? why even spain herself i ohll p d .â€ž , ontitler them us independ ent noil nn as 0 all the world rxrept us lo herself lhe law of naliuiis obliges her so io consider them il these siates commit violations upon ihc rights of neu iral nations s spain responsible lot hes c violations noâ€”she l.e self disclaims the responsibility ; and leaves the injured neutral tu look ro ihere stall s for ins in ilemnity these nations brim indo ent ss o sll intents and purposes as io us , ind as to all lhc world except as io spain herselfi 1 we have precisely the same right lo send .. minister there lhat we h.,\e ,â€ž send .. minister io uroot britain or to trance i the sum in send one lo p ., in ., as o send one to mexico the mission then is a matter of plain un questionable right hut though spain has no a tight to complain ol it ..- _ vio lation of our neutral relations with her she ,,. v consider i as unfriendly n her she may -,>â– when we recognls i the independence ol these nations she consid ered it as â€ž, , friendly towards her ; so also when we sent ministers to those nations so olsn when wc made treaties with them but s,,ll we adopted these m rosures and why ? because in so doing we violated tin right ol sp .,,, ; 1 because in so doing we pursued lhe true policy ol our own io 1 live england connected s she ib wilh spain who alone sustained ihat monarchy nguihst the mighty efforts of bonaparte whose relations with her uro of ihe s intimate character even eng i ind has done the s,.â€že thing ; and why f because she had the right and found it her in errs lo do so di.u igarding all tlio complaints ol spain of unfriendliness in these pro codings i he qui stlon l this mission lhe ssion hsell being an un i.s.ion..hli righl i ,.. he determined by con ldcrolions 1 policy ; nol by iis possib or probable effects on iho fec lings i sp which we bavo uniformly disiegardod when right ond policy uni ted , commending measures oi nation al interest ihc tletllnlemof ihe united states should he committed to ihe deliberation n,l decision ol ,. congress eon pose i nol of our own citizens but of the representa tives ol many different notions that the objects of such deliberations should be most accurately slated and defined and clearly and distinctly marked out clearly implying that our destinies would he committed to lhc decisions of lhat body in ease we were represented llierc if so lhat body must have supreme and final powers on the subjects of their deliberations 1 these subjects must involve the destinies of this conn ley it must bc as i said before .. coll federate organized l absolute sover eignty within ih sphere f iis action whatever thai sphere might he this is the supposition of the report ; lhe as sumption on whirl its reasonings are bottomed the principle from which nil iis uln rn ing dangers are deduced ; ami neither lhc reasonings nor hie conse quences can be supported on any other opposition now if this wns the fact if this congress was or wjs lo he an or ganized sovereignly us it is assume i lo bc thc present question would no he :. question of expediency hut a question of constitutional jiower could we send delegates in become constituent mem hers of a foreign sovereignty ? i take i to be very clear thai we could mil ; for that would bc 10 transfer a portion nf the sov ereignty of this nation lo a foreign power can we alienate the sovcrcigntv of this nation or any portion of it ? not only alienate hut subject the sovereignty of ihis nation to the sovereignty so aliena ted ? such an idea is loo absurd for re in ation and nee is only to l,c mentioned in be rejected ii it was a fact that this congress wns o he un organized sovei eignty,the committee should have stopped ihere â€” should have reported lhe simple fact and have spared themselves thc la bor of all their sulnlc reasonings of all their details of probable dangers ; for surely we wanted no reasonings to con vlnce us ofthe inexpediency ol transfer ring a portion ofthe national sovereignly lo a foreign power and of subjecting tlic residue lo lhc control of thai wer and no exaggerated pictures of national dan gers t icier us from committing such an an of national suicide if it be a far hnt this congress is to be ihis organized sovereignty possessing those sovereign prcroguloes und lo exercise ihis supre niacy over us lei the same gentleman who drew this report or v oilier gen ileman now show it anil lhe senile must reject the proposed mission with one voice out this supposition made by the re port is entirely gratuitous and has not any warrant whatever liom anv of the documents on which ii was founded : i is not only without evidence hut entra in article 14th trcuty of colombia and chili tbey arc so called the con gress is to be an assemhly of the states " t on posed of their /. i i .;'.''-." in uriicle 3d treaty 6f colombia and peru ihey ure so called â€” the congress is to bc an assembly ofthe states con posed of theiv plei.i/iutentiurie in article 1 7th treaty of colombia and uustemala ihcy are so called â€” the con grass is to be an assembly of the stales composed of their 1'i'rtiifiolei.tieries in article i4ih treaty of colombia and mexico ihey arc so called â€” the con gress is to bc an assembly of the states composed of iheir plenipotentiaries so wherever iliey re incidentally men tinned ihey are called plenifiotentiqrie ; as ill lhe 3d article of the treuty of co lomhia and cnili it provides that the contingents therein mentioned shall he idjustcd .,' the meeting of the plenipq tentlaries are plenipotentiaries inver led with the powers of government aid sovereignty ? the idea is preposterous u'ill it be sail ihcy may bc ? no tlfri cannot be as smb besides i is cx 1 r.-s.ly provided in every one of ill's treaties how they ure to be conimis stoned thev are to be commnsioned as plenipotentiaries ond not dhemue in ankle i2il of the t.eaif of colombia and mexico il is provlltd in these words a congress shall e formed to which each party shall sendiw . plenipo tentiaries commissi ned n lhc same form and manner as aeohsrved towards ministers of equal grade i foreign nu lions and this is mutittisr.utimilis tbe provision of all the treatss and so far arc these plcnipolclituiis from being invested with ihe powers ofgoveihment ihat they are not even inveted with thc power to protect themselvs but are to owe thai pioiection to the hale in which ihcy assemble and this is expressly stipulated for in all the teatles and what is ihat protection tolc it is ihc protection due io the sacrc and inviola ble character of plenipoteniaries this is what is stipulated sec.rticic 15 nl the treaty of colombia an mexico it provides that " the is linns of panama being an integral part of colombia and the mosi suitable point (-. c meeting of congress this republic promises lo furnish to lhe pleni/i lentiariee of the congress oil the facilities demanded bv hospitality among a kindred people and bv the sacred characters of atnbastatlors the same stipulation is exacted by oil ihe other nations from colombia and in ner from them if the congress should be compelled i remove irs seat euch na ii < xacts a guarantee for the protection nt its plenipotentiaiies clearly proving that they are to bc merely i'lenipoie ,,',.. ries ; merely a diplomatic congress oi council and incapable of protecting them selves mission to panama tha subiihince of the remark mads l,v mr bobbins i hliode-ltlaiid nn the question to agree to the resolutions reported bj the com mittee on foreign motion Â» i i not expedi ent lo ml ministers ,,. the congress of ameri can nalloni tt panama mr robbins said the hnnor ble gentle nan irom tennessee mr whii called upon us by us i mean those who have not adopted thc rea soning of the report to show where in the reasoning of the report was not conclusive | implying that we were either to do this or lo adopt the reso lution ; as the resolution was lhe ne cessary result of the reasoning if that was conclusive i dn not agree that this is the necessary alternatii e ; tor an argument may fail of convincing thc mind may bc telt as very fillacious and yet the mind be unable to detect .,-> fallacy aâ€ž'l unable to expose that fallacy either , itself or to others berkley's argument against the exist ence nl matter is a memorable instance of the kind j it convinced nobody yet it puzzled every body it confounded all the philosophers and mctaphis.cians of the early part of the last century many of them labored hard al its refu tation hut labored in vain heed lit lust hit upon the clue that unravelled the subtle web ; at least he conceived that he had ; and lor a while it was admitted lhat he had ; but now it seems again to be doubted u hether his refutation is not itself refutable and is not more seeming than solid sup pose uerkley here now to put to the honorable gentleman from tennessee the same dilemma which he would put to us ; and siiy to him now refute my argument or adopt mv conclusion ; ndnili itiat there ia .... materiel world or refute the reasoning by which i demonstrate that there is none ; adm'n that the chamber in which we sit that the columns which ad in it are nol material objects external to us bui merely ideas ... the mind my hon orable friend would say i believe " mr berkley your alternative is a hard one and as unreasonable aa hard i feel that your conclusion is false though i find myself unable t detect the fallacy of your reasoning you will give me leave therefore to be lieve in the information ol'mv senses and to let your subtleties alone besides an argument mav be true and unanswerable because it is true y.et nol be satisfactory ; for it may be out-weighed by other argnmenis equ illy true and unanswerable and more satisfactory because of more weight this is the case as to all questions depending un a balance of probabilities ; as questions of political expediency do ; of which ibis is one but il we were reduced to the al ,-,,,,. tive to which the gentleman iron tennessee would reduce us still 1 think we should not be compelled to adopt the resolution ; for ih-,t reason ing subtle and ingenious r.s it is al mâ€žst berkleyen and imposing as it is at lir.i blush will be found upon close examination and reflection to be t.,r from , on lusive cm anv one suppose thai in investlgu ing ihe naturo .>â€ž'! character of h.is congress we are l look in any thing but ill til i,-s l,y which i is constituted uui defined i or tha i can he uihei ill in whut those constitution 1 s s moke ii ? newspupi r speculations about it re i.-ws upon h whether north american proi â– tarnations that allude to ll incl entail â€” are t,...sc n be taken as lights in ii is in qulry ? in every point of view ihcy are useless if they sgree with ihoso sti tutlonal s they arc nol wanted il thev differ from ihem ihey are not cn titled lo the least weight it is equally unimportant to this inquiry what ibis or thai minister from lliose nations mav presume may be ihe subjects of discus si . by that congress whatever those subjects m..y he l,c constitution of thai congress cannol bc other than those con stltuti i â– " ,Â» moke i taking then these treaties us our guide ami j,.k guide nothing ran be more cle.n ,.. ns than lh si the report is entirely mistaken in bupposing that this congress is to be a confederate sovereignty ry to all the evidence it uppers from these documents that this congress is to he a mere diplomatic council with no power whatever but as such ll is lo : possess no one attribute of sovereignty jl no legislative power no cxcculive power ; no judi lal power no power whatever hut that ol an advisory council this besides all the treaties in the stipula lions for the forma ion of this congress un.l in defining its duties and its office limit the congress to the power of coun cil merely aiiielc 14th in the treaty of colombia and mexico which is hut a trunscript of the same provision in llie other treaties and which defines the lhc ins unions i tin minister may be such os to enable him io concur in od promote plans tha may comprom itour neutral relations they may so muv the instructions to every foreign n.inisicr we have 10 cv.-iy foreign power in ihc world hut what is ,..,,â– security gains thia ? ir is lhe executive discre tion and ,,.,- executive responsibility in lhe nature of things we can hove no other in this ins ante wc have more over lhe executive pledge lha our neu tral relations shall not he compromilted he mvs his ministers shall no engage us to ony alliance nor lo anv project i li poid,ig hostility ,,, anv nollon lhen il ...,, neuirol relations should be violated he executive must violate his pledge or his ministers nnr violate their in structions and surely no one will pre sume either al least no one will act up o r , â– prcsump in lhe repoit would persuade us ihat -,,, , , . i i ol cuba and porto ill o are omchnw connected wi ihia mission â€” i w iii ihis ( ongi-oss : that ihi ir con ,| ih s i ... be attempted hy for e i or their lndc i n leni .- produced by itu-ir h tt . ks b ,(..., , x ited to revolt i his ii t that three plans of < on . volution ore contingentâ€”de . , , the event ol a i dngress i i uu i ..... .. â– ,. then not to bo undcrta â€¢,!., o and strang i till is il li iher rn ii pending on the ev in ol a ml ion or no mission i uiai ihc c less id oui ll is mi . ii .'. will not ui .,, in ; but â– â€¢ ah this mission will un dertake ihem ll sup . - lh . ,, 1 ill ... i j 1 i rn is or nu , ou rees mi ii ! " ' '"' '"' â„¢ re r , l i â– n ; ' â– ' "â– ul .... obje tion wi h has no . onn clion wilh either foci wheihei ihcso | unqtti â– i , are rci ulvi il on i win i ii , on oi resolved agsinsi we know not i bul i.i ii la ,. question with whicn lhat con of the south-american nations as the las a council on great occasions ; a point honorable gentleman from south caroli of union in common danger a faithful ii . mr huyne supposes ii a con fed interpreter of public treaties in eases i ei lion is beady formed and ihis cum misunderstanding ; and an arbitrator and il is appointed hv it each notion op conciliator of disputes and differences pointing two plenipotentiaries to he of it this is all the gram of powers which that confederation is formed hv their the congress have made to them ; this it ire lies made between themselves hul the whole of its constitution ; for though still it lines each notion an independent it is said in the 3d article of thc treaty soveieiei.lv indepen lent in all its for of colombia and chili they arc tu adjusi cign relations indepen leu in all i,s in the contingents therein mentioned ami ternal regulations and only united in a in the i4lh article of the same treaty common league offensive and defensive that they arc to cement the intimacy ol as u co union dangers it was absurd the union between thc stales these off therefore to suppose as the report sup ices are vinually included in the above poses lhal when they had provided with definition of their dulies now how is il such a jealous rare for their separate and possible to say that here is a gl an ol ony absolute sovereignties that they have powers except those of c .,,,,. il ? tho subjected i hose sovereignties to the sov congress is expressly made to servo as erelgnty of u congress and lhat each a council on gresl occasions not us a sovereignly had thus become a fclo de government on great occasions or on sc nothing can be further from the any occasions but as a council will it fart see oniric 1 6th in lhe treaty ofl he said lhat these occasions may en nr columbia and chile ; article 6th in the military and naval operations 1 be it so ireaty of colombia and peru ; article itith utill it is only a council as to them nol in lhe ireatv of colon hi and gu itemala ; ! power to order not power to direct them and article 17th in lhc treoly of coiom j the question is wh her they can do any bia and mexico the provisions are pre thing mure , ban a.uise they are to isely the same in substance and nearly serve as a point of union in time of dan the same in worda in all the treaties it i ger ihis makes them the central is as follows i â€” i recite ii from the treaty point of communication and the vehicle last mentioned â€” " this compact of per infill ellign.ee to the allied sovereignties petual union league and confederation surely this is nothing more than the shall not ii anv wise affect thc exercise power of advising they ore " to be a of the national sovereignly of either con faithful interpreter of treaties in cuses , racing party in rcgutd to its laws and of misunderstanding by this the ore form of government or lis foreign rela to give opinion and advice nothing ions this council is lo be composed more will it be pretended ihut ihey i plenipotentiaries two from cud na have not only lhe power to interprei lion they arc called plcnipoumiuiics ticaties bul to ci.foicc the interprets council is not to form the ullice of the congress u be lo sen sow hid rhe report attempted lo p,c tllcole die dangers with which it would alarm us on he existence o n mere diplomatic couni 1 . a mere congress of ambassadors the a temp si have cn liu-ly failed ; i would havo ben hardly possible io prevent us appealing , y ,. ,. diculousi for pray how can such . con gress be pregnant wuh such dangers i how in thc first nisi e would ,, moke ou ihat the destinies ol this country were committed to iis keeping l to '" coturoulled lo bc regulated hy it lo bo dependent upon it . 11 l-.sk <',, toinly no hv logic ; logic would he ol no use hne wonderful as thai weapon is when wielded by lhe hand hi u is said lo have drawn up l,is report : here il musi r.ave failed him enllrely no iiing horl ol mo i ultl give even ihi i hlonce of i onnc tion between u h a council and such results he must have been o m iglclon and h re thrown before onr eyes ii iho illusi i i hanrmi nl bi fore we , oui i ce o ici m to see u li resulisi i om , " men not over a dozen without being . lothecl with ony power whatever < iccp hatol council silling in conclave on lh dividing line ol the iwo in mi md controlling tho destinies ul both why ihe phrensies ol don quixolu would be sober reason compared to thi ey.ii,.,..,rj;.ee ol u-h adelu^ioi^^^j ii is altogether hypothetical nnd the hyp thesis s no where supported it is not ven attempted to be sup ported in the report in this wav you may prove mv thing for h sup posito qit'j libet netjuiter quid li bctz lt vou are al liberty t make your premises what you please you mav make jour conclusions what you please and n ke them necessary lt is hypothetical altogether as to the nature and character of that body the congress at panama it supposes that body to be or is to become a confederate organized sovereigntv ; possessing the prerogatives of sover eignty possessing powers supreme bind final on all subjects within the phcre of its action but that sphere to he undefined at least as far as wc know this is implied throughout the report j many passages might be cited in proof 1 will select only one a a sample

i 33t*Â£t*nt vatmuldm â–¡ publlthetl weekly l philo ii ii i fk salisbury n c tuesday may 16,1826 vol vi no 810 thn terms of the wei ern carolinian re g.l per an n-or g3 30 if paid in advicnce no paper discontinued ( x t at tlie t,oi of the editor 1 all arrearages an paid advertisement will l.e iroerted st bfty cents per square for the flrst insertion and twenty-flve con for each lubsequent one all letters oddroand tothe editor must be pust.pultl ortlicy will â€ž.â€ž l.e attainted to in page th are these words : " it was therefore much io be desired an i ce l.inly to have been expected that before in every instance in which ihly are men lioned or referred lo at all vithou one single exception linn nothing can be more groundless there is not a syllable that implies y power whatever to enforce their int r pre i in i and as nn in 1,',,,-ator uml con dilator of disputes ond differences their treaties were the point ont of which could u:ise any disputes and differ encos lo be attributed they beln ; lode pendent sovereignties ; and meaning in such and surely arbitration in such a cane implies mailing more than opinion and recommendation | and what prove ii is thev aro ,â€ž be the i onotliators as well os arbilr irs at any rate arbitration is not judiciary power strictly speaking wii i implies execution s well as i judication as tu adjusting contingents wh.i is there but on agreement ol rhe ;, ir lies by their agents what the contrlbu lion ' no one will pretend it as to â€¢ ementing lhe intimacy of their relations hai surely is the olli e of friendship nol of hire will ii be said the body a in be permonenl 1 what has ihat to do will the quostlon of i,s own power will i srill lie eon endeil ruuncil maybe per â€ž, inenl ; ., power ... y be temporary the dictatorship ol rome wasatempo rurv power \\ i i mill be inl.-l led that ibis congress is a federated sovelgn ii â– ? what one prerogative nf sover eignty bus it > can i is armies nn thei i annul can rhe equip fleets i no ihcv cannot can they command either the one or the innt i i no tin , can they levy and collect taxes no they can ; not a cent can they levy not even for iheir own subsistence : lhat they us owe to their appointments and had they no means of living but by iheir own powers must starve lo death can tbey declare war or conclude peace ? they can do neither can they regulatl tbe relations with foreign powers ? no thev cannot can tbey regulate any subject whatever of iheir in en i policy ! nol any they cannot even udii-o on these subjects can they coin money and regulate the currency no were they to attempt lo do this they make themselves criminal and expose them selves io punishment can they pass any law or execuc any they can not have they lhc power of protecting lhe society around ihem they have mil even the power of protecting then selves they cm do none of these things i'or tlie simple reason lhat ihey are not o governmi in no inn ndud lo bo ,, governmi nl bul m rely a congress ol diplomatic ogents for consultation ind od vice then pray how would such â– council compromit ou ne ural relations to show this would involve ihe re ort in ihe difficult task ol proving ihat the ex er ite nl .. right is its ll , wrong for no one will say h it wi i , , a ighl lo send ., mini ic - d pi ndent ,. nion ; nd it nmou i - in n tlnit m n . il wo rn n i ind to one in . pendent n tlo Â». ni iv send to sever independent notions j ind i makes no ililfrerni j as lo the rh-lit whether thev c rnnfederated or not confederated a minister of course is to meet minis n ; this is ihe uinde anil the only ode of communication be tween nuiinns ; ami sur lv il makes no difference is to ihe right whether i meets ihe minister separately in his om nation or mens lun c.nj itntly with others in ano her l r ; sllll i is th c same diplomatic intercourse and the ex cel c of the some right and ,,,- ,,,, these south american nations independ ent nations ? why even spain herself i ohll p d .â€ž , ontitler them us independ ent noil nn as 0 all the world rxrept us lo herself lhe law of naliuiis obliges her so io consider them il these siates commit violations upon ihc rights of neu iral nations s spain responsible lot hes c violations noâ€”she l.e self disclaims the responsibility ; and leaves the injured neutral tu look ro ihere stall s for ins in ilemnity these nations brim indo ent ss o sll intents and purposes as io us , ind as to all lhc world except as io spain herselfi 1 we have precisely the same right lo send .. minister there lhat we h.,\e ,â€ž send .. minister io uroot britain or to trance i the sum in send one lo p ., in ., as o send one to mexico the mission then is a matter of plain un questionable right hut though spain has no a tight to complain ol it ..- _ vio lation of our neutral relations with her she ,,. v consider i as unfriendly n her she may -,>â– when we recognls i the independence ol these nations she consid ered it as â€ž, , friendly towards her ; so also when we sent ministers to those nations so olsn when wc made treaties with them but s,,ll we adopted these m rosures and why ? because in so doing we violated tin right ol sp .,,, ; 1 because in so doing we pursued lhe true policy ol our own io 1 live england connected s she ib wilh spain who alone sustained ihat monarchy nguihst the mighty efforts of bonaparte whose relations with her uro of ihe s intimate character even eng i ind has done the s,.â€že thing ; and why f because she had the right and found it her in errs lo do so di.u igarding all tlio complaints ol spain of unfriendliness in these pro codings i he qui stlon l this mission lhe ssion hsell being an un i.s.ion..hli righl i ,.. he determined by con ldcrolions 1 policy ; nol by iis possib or probable effects on iho fec lings i sp which we bavo uniformly disiegardod when right ond policy uni ted , commending measures oi nation al interest ihc tletllnlemof ihe united states should he committed to ihe deliberation n,l decision ol ,. congress eon pose i nol of our own citizens but of the representa tives ol many different notions that the objects of such deliberations should be most accurately slated and defined and clearly and distinctly marked out clearly implying that our destinies would he committed to lhc decisions of lhat body in ease we were represented llierc if so lhat body must have supreme and final powers on the subjects of their deliberations 1 these subjects must involve the destinies of this conn ley it must bc as i said before .. coll federate organized l absolute sover eignty within ih sphere f iis action whatever thai sphere might he this is the supposition of the report ; lhe as sumption on whirl its reasonings are bottomed the principle from which nil iis uln rn ing dangers are deduced ; ami neither lhc reasonings nor hie conse quences can be supported on any other opposition now if this wns the fact if this congress was or wjs lo he an or ganized sovereignly us it is assume i lo bc thc present question would no he :. question of expediency hut a question of constitutional jiower could we send delegates in become constituent mem hers of a foreign sovereignty ? i take i to be very clear thai we could mil ; for that would bc 10 transfer a portion nf the sov ereignty of this nation lo a foreign power can we alienate the sovcrcigntv of this nation or any portion of it ? not only alienate hut subject the sovereignty of ihis nation to the sovereignty so aliena ted ? such an idea is loo absurd for re in ation and nee is only to l,c mentioned in be rejected ii it was a fact that this congress wns o he un organized sovei eignty,the committee should have stopped ihere â€” should have reported lhe simple fact and have spared themselves thc la bor of all their sulnlc reasonings of all their details of probable dangers ; for surely we wanted no reasonings to con vlnce us ofthe inexpediency ol transfer ring a portion ofthe national sovereignly lo a foreign power and of subjecting tlic residue lo lhc control of thai wer and no exaggerated pictures of national dan gers t icier us from committing such an an of national suicide if it be a far hnt this congress is to be ihis organized sovereignty possessing those sovereign prcroguloes und lo exercise ihis supre niacy over us lei the same gentleman who drew this report or v oilier gen ileman now show it anil lhe senile must reject the proposed mission with one voice out this supposition made by the re port is entirely gratuitous and has not any warrant whatever liom anv of the documents on which ii was founded : i is not only without evidence hut entra in article 14th trcuty of colombia and chili tbey arc so called the con gress is to be an assemhly of the states " t on posed of their /. i i .;'.''-." in uriicle 3d treaty 6f colombia and peru ihey ure so called â€” the congress is to bc an assembly ofthe states con posed of theiv plei.i/iutentiurie in article 1 7th treaty of colombia and uustemala ihcy are so called â€” the con grass is to be an assembly of the stales composed of their 1'i'rtiifiolei.tieries in article i4ih treaty of colombia and mexico ihey arc so called â€” the con gress is to bc an assembly of the states composed of iheir plenipotentiaries so wherever iliey re incidentally men tinned ihey are called plenifiotentiqrie ; as ill lhe 3d article of the treuty of co lomhia and cnili it provides that the contingents therein mentioned shall he idjustcd .,' the meeting of the plenipq tentlaries are plenipotentiaries inver led with the powers of government aid sovereignty ? the idea is preposterous u'ill it be sail ihcy may bc ? no tlfri cannot be as smb besides i is cx 1 r.-s.ly provided in every one of ill's treaties how they ure to be conimis stoned thev are to be commnsioned as plenipotentiaries ond not dhemue in ankle i2il of the t.eaif of colombia and mexico il is provlltd in these words a congress shall e formed to which each party shall sendiw . plenipo tentiaries commissi ned n lhc same form and manner as aeohsrved towards ministers of equal grade i foreign nu lions and this is mutittisr.utimilis tbe provision of all the treatss and so far arc these plcnipolclituiis from being invested with ihe powers ofgoveihment ihat they are not even inveted with thc power to protect themselvs but are to owe thai pioiection to the hale in which ihcy assemble and this is expressly stipulated for in all the teatles and what is ihat protection tolc it is ihc protection due io the sacrc and inviola ble character of plenipoteniaries this is what is stipulated sec.rticic 15 nl the treaty of colombia an mexico it provides that " the is linns of panama being an integral part of colombia and the mosi suitable point (-. c meeting of congress this republic promises lo furnish to lhe pleni/i lentiariee of the congress oil the facilities demanded bv hospitality among a kindred people and bv the sacred characters of atnbastatlors the same stipulation is exacted by oil ihe other nations from colombia and in ner from them if the congress should be compelled i remove irs seat euch na ii < xacts a guarantee for the protection nt its plenipotentiaiies clearly proving that they are to bc merely i'lenipoie ,,',.. ries ; merely a diplomatic congress oi council and incapable of protecting them selves mission to panama tha subiihince of the remark mads l,v mr bobbins i hliode-ltlaiid nn the question to agree to the resolutions reported bj the com mittee on foreign motion Â» i i not expedi ent lo ml ministers ,,. the congress of ameri can nalloni tt panama mr robbins said the hnnor ble gentle nan irom tennessee mr whii called upon us by us i mean those who have not adopted thc rea soning of the report to show where in the reasoning of the report was not conclusive | implying that we were either to do this or lo adopt the reso lution ; as the resolution was lhe ne cessary result of the reasoning if that was conclusive i dn not agree that this is the necessary alternatii e ; tor an argument may fail of convincing thc mind may bc telt as very fillacious and yet the mind be unable to detect .,-> fallacy aâ€ž'l unable to expose that fallacy either , itself or to others berkley's argument against the exist ence nl matter is a memorable instance of the kind j it convinced nobody yet it puzzled every body it confounded all the philosophers and mctaphis.cians of the early part of the last century many of them labored hard al its refu tation hut labored in vain heed lit lust hit upon the clue that unravelled the subtle web ; at least he conceived that he had ; and lor a while it was admitted lhat he had ; but now it seems again to be doubted u hether his refutation is not itself refutable and is not more seeming than solid sup pose uerkley here now to put to the honorable gentleman from tennessee the same dilemma which he would put to us ; and siiy to him now refute my argument or adopt mv conclusion ; ndnili itiat there ia .... materiel world or refute the reasoning by which i demonstrate that there is none ; adm'n that the chamber in which we sit that the columns which ad in it are nol material objects external to us bui merely ideas ... the mind my hon orable friend would say i believe " mr berkley your alternative is a hard one and as unreasonable aa hard i feel that your conclusion is false though i find myself unable t detect the fallacy of your reasoning you will give me leave therefore to be lieve in the information ol'mv senses and to let your subtleties alone besides an argument mav be true and unanswerable because it is true y.et nol be satisfactory ; for it may be out-weighed by other argnmenis equ illy true and unanswerable and more satisfactory because of more weight this is the case as to all questions depending un a balance of probabilities ; as questions of political expediency do ; of which ibis is one but il we were reduced to the al ,-,,,,. tive to which the gentleman iron tennessee would reduce us still 1 think we should not be compelled to adopt the resolution ; for ih-,t reason ing subtle and ingenious r.s it is al mâ€žst berkleyen and imposing as it is at lir.i blush will be found upon close examination and reflection to be t.,r from , on lusive cm anv one suppose thai in investlgu ing ihe naturo .>â€ž'! character of h.is congress we are l look in any thing but ill til i,-s l,y which i is constituted uui defined i or tha i can he uihei ill in whut those constitution 1 s s moke ii ? newspupi r speculations about it re i.-ws upon h whether north american proi â– tarnations that allude to ll incl entail â€” are t,...sc n be taken as lights in ii is in qulry ? in every point of view ihcy are useless if they sgree with ihoso sti tutlonal s they arc nol wanted il thev differ from ihem ihey are not cn titled lo the least weight it is equally unimportant to this inquiry what ibis or thai minister from lliose nations mav presume may be ihe subjects of discus si . by that congress whatever those subjects m..y he l,c constitution of thai congress cannol bc other than those con stltuti i â– " ,Â» moke i taking then these treaties us our guide ami j,.k guide nothing ran be more cle.n ,.. ns than lh si the report is entirely mistaken in bupposing that this congress is to be a confederate sovereignty ry to all the evidence it uppers from these documents that this congress is to he a mere diplomatic council with no power whatever but as such ll is lo : possess no one attribute of sovereignty jl no legislative power no cxcculive power ; no judi lal power no power whatever hut that ol an advisory council this besides all the treaties in the stipula lions for the forma ion of this congress un.l in defining its duties and its office limit the congress to the power of coun cil merely aiiielc 14th in the treaty of colombia and mexico which is hut a trunscript of the same provision in llie other treaties and which defines the lhc ins unions i tin minister may be such os to enable him io concur in od promote plans tha may comprom itour neutral relations they may so muv the instructions to every foreign n.inisicr we have 10 cv.-iy foreign power in ihc world hut what is ,..,,â– security gains thia ? ir is lhe executive discre tion and ,,.,- executive responsibility in lhe nature of things we can hove no other in this ins ante wc have more over lhe executive pledge lha our neu tral relations shall not he compromilted he mvs his ministers shall no engage us to ony alliance nor lo anv project i li poid,ig hostility ,,, anv nollon lhen il ...,, neuirol relations should be violated he executive must violate his pledge or his ministers nnr violate their in structions and surely no one will pre sume either al least no one will act up o r , â– prcsump in lhe repoit would persuade us ihat -,,, , , . i i ol cuba and porto ill o are omchnw connected wi ihia mission â€” i w iii ihis ( ongi-oss : that ihi ir con ,| ih s i ... be attempted hy for e i or their lndc i n leni .- produced by itu-ir h tt . ks b ,(..., , x ited to revolt i his ii t that three plans of < on . volution ore contingentâ€”de . , , the event ol a i dngress i i uu i ..... .. â– ,. then not to bo undcrta â€¢,!., o and strang i till is il li iher rn ii pending on the ev in ol a ml ion or no mission i uiai ihc c less id oui ll is mi . ii .'. will not ui .,, in ; but â– â€¢ ah this mission will un dertake ihem ll sup . - lh . ,, 1 ill ... i j 1 i rn is or nu , ou rees mi ii ! " ' '"' '"' â„¢ re r , l i â– n ; ' â– ' "â– ul .... obje tion wi h has no . onn clion wilh either foci wheihei ihcso | unqtti â– i , are rci ulvi il on i win i ii , on oi resolved agsinsi we know not i bul i.i ii la ,. question with whicn lhat con of the south-american nations as the las a council on great occasions ; a point honorable gentleman from south caroli of union in common danger a faithful ii . mr huyne supposes ii a con fed interpreter of public treaties in eases i ei lion is beady formed and ihis cum misunderstanding ; and an arbitrator and il is appointed hv it each notion op conciliator of disputes and differences pointing two plenipotentiaries to he of it this is all the gram of powers which that confederation is formed hv their the congress have made to them ; this it ire lies made between themselves hul the whole of its constitution ; for though still it lines each notion an independent it is said in the 3d article of thc treaty soveieiei.lv indepen lent in all its for of colombia and chili they arc tu adjusi cign relations indepen leu in all i,s in the contingents therein mentioned ami ternal regulations and only united in a in the i4lh article of the same treaty common league offensive and defensive that they arc to cement the intimacy ol as u co union dangers it was absurd the union between thc stales these off therefore to suppose as the report sup ices are vinually included in the above poses lhal when they had provided with definition of their dulies now how is il such a jealous rare for their separate and possible to say that here is a gl an ol ony absolute sovereignties that they have powers except those of c .,,,,. il ? tho subjected i hose sovereignties to the sov congress is expressly made to servo as erelgnty of u congress and lhat each a council on gresl occasions not us a sovereignly had thus become a fclo de government on great occasions or on sc nothing can be further from the any occasions but as a council will it fart see oniric 1 6th in lhe treaty ofl he said lhat these occasions may en nr columbia and chile ; article 6th in the military and naval operations 1 be it so ireaty of colombia and peru ; article itith utill it is only a council as to them nol in lhe ireatv of colon hi and gu itemala ; ! power to order not power to direct them and article 17th in lhc treoly of coiom j the question is wh her they can do any bia and mexico the provisions are pre thing mure , ban a.uise they are to isely the same in substance and nearly serve as a point of union in time of dan the same in worda in all the treaties it i ger ihis makes them the central is as follows i â€” i recite ii from the treaty point of communication and the vehicle last mentioned â€” " this compact of per infill ellign.ee to the allied sovereignties petual union league and confederation surely this is nothing more than the shall not ii anv wise affect thc exercise power of advising they ore " to be a of the national sovereignly of either con faithful interpreter of treaties in cuses , racing party in rcgutd to its laws and of misunderstanding by this the ore form of government or lis foreign rela to give opinion and advice nothing ions this council is lo be composed more will it be pretended ihut ihey i plenipotentiaries two from cud na have not only lhe power to interprei lion they arc called plcnipoumiuiics ticaties bul to ci.foicc the interprets council is not to form the ullice of the congress u be lo sen sow hid rhe report attempted lo p,c tllcole die dangers with which it would alarm us on he existence o n mere diplomatic couni 1 . a mere congress of ambassadors the a temp si have cn liu-ly failed ; i would havo ben hardly possible io prevent us appealing , y ,. ,. diculousi for pray how can such . con gress be pregnant wuh such dangers i how in thc first nisi e would ,, moke ou ihat the destinies ol this country were committed to iis keeping l to '" coturoulled lo bc regulated hy it lo bo dependent upon it . 11 l-.sk